Mayor Jeremy Fey called the City of Central Council (CCC) meeting to order at 7 p.m. on Tuesday, September 5, 2023. In attendance were Mayor Jeremy Fey, Mayor Pro-tem Kara Tinucci, Alderman Jeff Aiken, Alderman Marcia Enloe, and Alderman Todd Williams. Staff present included City Manager Daniel R. Miera, City Clerk Reba Bechtel, and City Attorney Marcus McCaskin. Special Counsel Carolynne White was also present to advise the board on matters concerning the creation of a Downtown Development Authority.

There were no additions or amendments to the Agenda. Mayor Fey had a conflict of interest with the liquor license application because he had been in conversations with the applicants so he recused himself from that part of the meeting.

On the Consent Agenda, regular Bill lists through August 30; and City Council minutes: August 15, 2023: and Resolution No. 23-35: A resolution of the City Council of the City of Central, Colorado, approving a second amendment to the agreement for Professional Services between the City and Charles Abbott Associates, Inc. for building plan review and inspection services: and Resolution No. 23-36: A resolution of the City Council of the City of Central, Colorado, amending the City of Central Comprehensive Fee Schedule. (Roemhildt)

Tinucci moved to approve the Consent Agenda, Williams seconded, and with no discussion, all were in favor.

Many audience members made comments during the Public Forum. Comments included a request to proceed with caution on Ordinance No. 23-14, regarding Off-Highway Vehicle (OHV) Regulations because they believe there is a large fiscal and legal impact to residents in the area.

Another resident said that Ordinance No. 23-14 seemed rushed.

Another person commented in favor of Ordinance No. 23-14, saying that the noise and pollution concerns could be resolved via electric off-road vehicles and traffic regulation.

Another resident said that there is not enough law enforcement for the OHV rules and that there is no infrastructure to support tourists.

A new Retail Gaming Tavern License for 118 Main Street Gaming LLC at 118 Main Street, presented by Bechtel.

Williams moved to adjourn as the City Council and convene as the Local Liquor Licensing Authority. Aiken seconded and all were in favor.

Fey left the room before the board heard an application for a new retail gaming tavern license at 118 Main Street in Central City.

Williams moved to approve the application. Aiken seconded and all were in favor. Aiken moved to reconvene as the City Council. Williams seconded and all were in favor. Fey rejoined the meeting.

The council held a second reading and public hearing about creating a Downtown Development Authority.

Ordinance No. 23-12: An ordinance approving creating and establishing the City of Central Downtown Development Authority (CCDDA) and determining organizational aspects of the City of Central Downtown Development Authority, presented by Miera.

Ordinance No. 23-13: An ordinance submitting a question of creating the City of Central Downtown Development Authority, a question exempting revenues collected by or on behalf of the City of Central Downtown Development Authority from Article X, Section 20 of the Colorado Constitution, and Statutory Revenue Limitations, and a question of levying Ad Valorem Property Taxes within the boundaries of the proposed City of Central Downtown Development Authority, and providing other details in connection therewith and making other provisions relating thereto, presented by Miera.

White explained that Ordinance No. 23-13 will refer three questions to voters on the ballot. First, do we want to form the authority? Second, do we want to impose a five-mill levy within the boundaries of the DDA? And third, can the DDA and/or the City spend the revenues collected from the tax to implement a DDA Plan?

Tinucci moved to approve the ordinances and Enloe seconded. At 7:47 p.m. Fey opened a public hearing on both ordinances.

Three people commented and posed questions, including one citizen who said the boundaries of the map delineating the CCDDA cuts through a property he owns that is a mine claim known as Whispering Woods. He also said he believes that the Gold Mountain Village Apartments should be included since it is a for-profit business.

Another speaker said he wants to see a list of all the property owners within the boundaries and asked if an entity owns more than one parcel, do they get more than one vote?

One resident asked why we need a DDA when we have a URA.

White responded to the questions, saying that the URA and DDA have separate authorities and that the DDA has longer to repay tax-increment financing.

White said that even if an entity owns more than one parcel, they would not get more than one vote. She continued that the eligible electors must be a business owner, property owner, or a resident within the boundaries.

Miera said they used GIS and Assessor’s data to draw the boundaries to the best of their ability. Contiguous property owners can petition to be included if they desire.

Regarding the possibility of the apartments being included, staff responded that the apartments are residential and residential is not included in the Business Improvement District and so typically would not be included in a DDA either.

Fey said the reason to have both a URA and a DDA is to give the community the best tool sets to improve the community.

The council asked to include the rock pile known as Quartz Hill. All were in favor.

Williams moved to exclude the Whispering Woods parcel from the DDA area and all were in favor.

At 8:45 Fey closed the public hearing. Ordinance No. 23-12 passed 5-0 with all in favor.

Aiken voted against Ordinance No. 23-13; the motion passed 4-1.

The council moved on to action items next.

Ordinance No. 23-14: An ordinance amending Section 8-5-70 and adding a new Article IX to Chapter 8 of the Central City Municipal Code regarding Off-Highway Vehicle Regulations, presented by Miera.

The current code lumps together snowmobiles with Off-Highway Vehicles and this Ordinance seeks to separate the two so that the framework is in place for a future pilot program. OHVs are currently prohibited and would remain so in the event Ordinance No. 23-14 is approved.

Aiken said he would like to see the issue brought to a ballot. Enloe said she thinks the CCC should wait until next year to vote on the ordinance.

Fey said he asked to have it on the agenda and although he recommended a committee to evaluate the issue, he personally spent nine hours over the course of three weekends observing the area in question frequently used by OHVers.

He reported that a Forest Service Officer was there issuing tickets and that there was only one incident where a person went past the “Do Not Pass” sign.

Fey said he is trying to bring diversified interest to the City. He emphasized that with any new visitors to the City there will be the fear of added misbehavior.

Williams moved to approve the first reading, Tinucci seconded, and the motion passed 3-2 with the second reading scheduled for the September 19 regular meeting.

Ordinance No. 23-15: An ordinance amending City regulations regarding local sales tax, business, and contractor licensing requirements in Article III of Chapter 4 and Articles I and IV of Chapter 6 of the Municipal Code, presented by Miera.

Staff explained to Council that Ordinance No. 23-15 brings their current regulations up to date with State regulations regarding non-physical entities and general contractors.

Williams moved to approve, Enloe seconded, and all were in favor of approving Ordinance No. 23-15 on first reading and scheduled the second reading for September 19 during their regular meeting.

Council comments: Tinucci thanked volunteers for their help with the beer festival. Williams said that although there may be people who are disappointed, it is important to move forward so that decisions can be made. Fey petitioned the public to apply for employment in Public Works as they are short-staffed.

Public Forum: Public Forum was opened at 9:26 p.m. One resident said they read during an interview that Eric Langdon wanted to bring an adult cabaret to Main Street and they think that issue would be more contentious than the OHV discussion.

Another resident said they did not agree with Ordinance No. 23-14.

The representative from the Belvidere Theater Renovation project encouraged the public to attend the Fall Fling at the Elks Lodge on Saturday, September 16 at 8:30 p.m.

Langdon said he would like to see Main Street closed to traffic and become a walking mall. He also rebutted that he thinks nude performance would draw tourists from Black Hawk.

Aiken moved to adjourn, Williams seconded, and all were in favor. Meeting adjourned at 9:36 p.m.

The next City of Central Council meeting is scheduled for 7 p.m. on Tuesday, September 19, 2023, at Central City Hall, 141 Nevada Street, second floor; or online via Zoom. Information can be found on the City website, centralcity.colorado.gov/meetings.